Premiers consider court challenge to work laws

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State Labor premiers are "almost certain" to mount a High Court
challenge to the Federal Government's proposed changes to labour
laws.

Federal Labor industrial spokesman Stephen Smith made the
prediction yesterday as state Labor premiers spoke out against the
changes, which among other things will move workers from state
awards to a federal system.

Victorian Premier Steve Bracks said the Federal Government's
changes went against the Australian notion of "a fair go for
all".

The changes have been called the biggest industrial revolution
for more than 100 years. When passed into law, they will cut the
influence of awards in favour of enterprise agreements; replace the
Industrial Relations Commission determination of wages with a new
Fair Pay Commission; abolish access to unfair dismissal proceedings
for workers at companies employing fewer than 100 people; make it
easier for employers to shift workers onto individual contracts and
curb the right of union officials to enter workplaces.

Joined by other Labor premiers in Sydney, NSW Premier Bob Carr
branded the federal move an "arrogant grab for national power",
adding: "We are all considering the prospect of a High Court
challenge initiated by us or in partnership with the trade
unions."

Queensland Premier Peter Beattie predicted that voters who
re-elected Mr Howard would desert him. "The Howard battlers will
leave in droves over this."

The ACTU, which is likely to join any High Court challenge,
would not rule out a general strike, secretary Greg Combet
said.

Prime Minister John Howard had his first taste of workers'
reaction yesterday when he had to move a public announcement
confirming the construction of the Geelong bypass because 200
unionists came to remonstrate.

The changes, which the Government says will boost productivity
and employment, would actually increase poverty, disrupt workplaces
and push Australia closer to a two-class society, according to
former industrial regulators. Church groups branded the changes
divisive and unjust.

Workplace Relations Minister Kevin Andrews yesterday labelled
fears of a disrupted society as "nonsense," saying the new
five-member Fair Pay Commission - to include employer and worker
representatives, two labor economists and a businessman - would act
fairly. "The way wages are being set is largely unchanged and the
way awards will operate is largely unchanged. We just want more
flexibility . . ."

But former commission judge Paul Munro viewed the changes, which
lessens union power and increases that of employers, with
"deep-seated dismay". He said they would divide the community and
disrupt workplaces.

"Institutions that have served Australia well and which have
shown great equity and flexibility have been treated in such a
shabby manner, motivated by long-harboured ill will by the Prime
Minister," he said. "It has turned back the rights of people at the
lowest levels of society to, I think, the 1890s."

Mr Munro said the changes would drive down wages and lead to the
"atomisation" of workforces, where people were left to negotiate
individually with resource-rich employers.

Former commission deputy president Joe Isaac said the changes
were "loaded against individual workers and unions".

Churches expressed concern. Canon Ray Cleary, head of the
Anglican Social Responsibilities Commission, said the changes would
increase poverty and ignored the need for a safety net.

Uniting Church general secretary Terence Corkin said the changes
turned people into commodities and the workplace into a
marketplace.

The Australian Industry Group's Heather Ridout said the changes
were fair - and that workplaces were "in for a turbulent time".